Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022

Administered by Department of Veterans' Affairs

Legislation au F2022L00441 In force Legislative Instrument

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Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022

made under sections 46ZC and 52BA of the

Veterans’ Entitlements Act 1986

Compilation No. 3

Compilation date: 30 October 2025

Includes amendments: F2025L01309

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022 that shows the text of the law as amended and in force on 30 October 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

 

Part 1—Preliminary......................................................1

1  Name.....................................................1

3  Authority..................................................1

4  Definitions.................................................1

5  Purpose...................................................2

6  Schedules.................................................3

Part 2—Income from asset-test exempt income streams........................4

7  Application of Part..........................................4

8  Income stream that is not a defined benefit income stream or military invalidity pension income stream......4

9  Income stream that is a defined benefit income stream..............4

9A  Income stream that is a military invalidity pension income stream....4

Part 3—Income from asset-tested income streams (long term)...................6

10  Application of Part.........................................6

11  Income stream that is not a defined benefit income stream..........6

12  Income stream that is a defined benefit income stream.............6

Part 4—Asset value of asset-tested income streams (other than lifetime)...........7

13  Application of Part.........................................7

14  Income stream that is not a defined benefit income stream..........7

15  Income stream that is a defined benefit income stream.............7

Part 5—Income from asset-tested income streams (lifetime).....................8

16  Application of Part.........................................8

17  Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)......8

Part 6—Asset value of asset-tested income streams (lifetime)....................9

18  Application of Part.........................................9

19  Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)......9

Schedule 1—Matters to which the Commission must have regard...............10

Endnotes..............................................................13

Endnote 1—About the endnotes...........................................13

Endnote 2—Abbreviation key............................................14

Endnote 3—Legislation history...........................................15

Endnote 4—Amendment history..........................................16

 

Part 1—Preliminary

1  Name

  This instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.

3  Authority

  This instrument is made under sections 46ZC and 52BA of the Act.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

  1.      assessment day;
  2.      asset-test exempt income stream;
  3.      asset-tested income stream (long term);
  4.      asset-tested income stream (lifetime);
  5.      commencement day;
  6.       deductible amount;
  7.      defined benefit income stream;
  8.      family law affected income stream;
  9.        income;
  10.        income stream;

(ja)  military invalidity pension income stream;

  1.      original family law affected income stream;
  2.        primary FLA income stream;
  3.    purchase amount;
  4.      purchase price;
  5.      relevant number;
  6.      residual capital value;
  7.      reversionary partner;
  8.       secondary FLA income stream;
  9.       superannuation fund;
  10.        threshold day.

 (1) In this instrument:

Act means the Veterans’ Entitlements Act 1986.

allocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.

asset value has the meaning given by regulation 3A.05 of the SIS Regulations.

base amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.

base amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.

Commission has the same meaning as in section 5A of the Act.

market linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.

percentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.

SIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.

Note   The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.

 (2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.

Note   See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:

 flag lifting agreement

 member spouse

 non-member spouse

 operative time

 payment split

 reversionary beneficiary

 RSA

 splittable payment

 splitting order

 superannuation agreement

 superannuation interest

 trustee.

5  Purpose

                     This instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:

  1.     paragraph 46ZA (1) (a);
  2.     paragraph 46ZA (1) (b);

(ba) paragraph 46ZA(1) (c);

  1.     paragraph 46ZB (1) (a);
  2.     paragraph 46ZB (1) (b);
  3.     subsection 52BA (2);
  4.      subsection 52BA (3).


Note    These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.

6  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Part 2—Income from asset-test exempt income streams

7  Application of Part

  This Part applies to a family law affected income stream that is an asset-test exempt income stream.

8  Income stream that is not a defined benefit income stream or military invalidity pension income stream

  1.       This section applies if the family law affected income stream is not:
  1.     a defined benefit income stream; or
  2.     a military invalidity pension income stream.

 (2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:

 (a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

9  Income stream that is a defined benefit income stream

 (1) This section applies if the family law affected income stream is a defined benefit income stream.

 (2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:

 (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

9A  Income stream that is a military invalidity pension income stream

(1) This section applies if the family law affected income stream is a military invalidity pension income stream.

(2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:

 (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

 


Part 3—Income from asset-tested income streams (long term)

10  Application of Part

  This Part applies to a family law affected income stream that is an asset‑tested income stream (long term).

11  Income stream that is not a defined benefit income stream

 (1) This section applies if the family law affected income stream is not a defined benefit income stream.

 (2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:

 (a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

12  Income stream that is a defined benefit income stream

 (1) This section applies if the family law affected income stream is a defined benefit income stream.

 (2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:

 (a) the matters mentioned in items 1 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

 


 


Part 4—Asset value of asset-tested income streams (other than lifetime) 

13  Application of Part

  This Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).

14  Income stream that is not a defined benefit income stream

 (1) This section applies if the family law affected income stream is not a defined benefit income stream.

 (2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:

 (a) the matters mentioned in items 1 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.

15  Income stream that is a defined benefit income stream

 (1) This section applies if the family law affected income stream is a defined benefit income stream.

 (2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:

 (a) the matters mentioned in items 1 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.


 


Part 5—Income from asset-tested income streams (lifetime)

 

16  Application of Part

  This Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).

17  Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)

 (1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:

 (a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.


Part 6—Asset value of asset-tested income streams (lifetime)

 

18  Application of Part

  This Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).

19  Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)

 (1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of  the Act:

 (a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;

 (b) any other matter that the Commission considers relevant in the circumstances.

 (2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.

 


Schedule 1—Matters to which the Commission must have regard

(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))

 

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

 

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

 (a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

 (b) the value of the superannuation interest, being:

 (i) if a splitting order applies to the superannuation interest — the value determined by the court; or

 (ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

 

 (c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

 

 (d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

 

 (e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

 (f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

 

 (g) details of any payments to the member spouse from the primary FLA income stream; and

 

 (h) if the income stream is paid as an allocated pension or a market linked pension:

 (i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

 (ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

 (iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

 (a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

 (b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

 

 (c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

 

 (a) the member spouse’s assessment day in relation to the original family law affected income stream; and

 (b) the purchase amount of the original family law affected income stream; and

 (c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

 (c) the purchase amount of the original family law affected income stream.


 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022

31 Mar 2022 (F2022L00441)

1 April 2022 (s 2)

 

Veterans’ Entitlements Legislation Amendment (Western Australia Superannuation Splitting) Instrument 2022 (No. R39)

19 Oct 2022 (F2022L01363)

20 Oct 2022 (s 2)

—

Veterans’ Entitlements (Family Law Affected Income Streams) Principles Amendment (Military Invalidity Payments) Instrument 2024

5 August 2024

(F2024L00962)

6 August 2024 (s 2)

—

Veterans’ Entitlements (Family Law Affected Income Streams) Principles Amendment Instrument 2025

29 October 2025 (F2025L01309)

30 October 2025 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2……………………

rep LA s 48D

s 4…………………....

am F2022L01363; F2024L00962; F2025L01309

s 5…………………....

am F2024L00962

par 5(b)(a)…………...

ad F2024L00962

s 8……………………

am F2024L00962

ss 8(1)………………..

rs F2024L00962

par 9(2)(b)…………...

am F2024L00962

s 9A………………….

ad F2024L00962

Schedule 1…………..

am F2024L00962

Schedule 2…………..

rep LA s 48C

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.